Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-2 Chapter 4 How Does Collective Bargaining Affect Me?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-3 In what ways has the collective bargaining unit assisted teachers in your district or state? Chapter 4 How Does Collective Bargaining Affect Me? Essential Question

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-4 Case Presentation The Norwalk Teachers’ Association Case The Norwalk Teachers’ Association Case

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-5 RIGHTTO ORGANIZE ORGANIZETEACHERS’RIGHTS Key Concepts CONTRACTNEGOTIATIONSTRIKES

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-6 KEY TERMS AFTNEA Union Shop/Closed ShopAgency Shop/Fair Share Free RidersDuty of Fair Representation Bad Faith BargainingGood Faith Bargaining Unfair Labor PracticeFact Finding Process

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-7 Norwalk Teachers’ Association (1946) Organize a labor union Right to strike ? Select representatives to organize and join employee labor organizations Bargain over wages, hours, and other terms of employment RIGHTSTO ORGANIZE ORGANIZE

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-8 Illinois Labor Relations Board (1984) 1978 – Congress passed legislation for collective bargaining rights for federal employees; no federal law regulates teachers 1968 – McLaughlin v. Tilendis (14 th Amendment – Right of Association) TEACHERS’ RIGHTS

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 4-9 Structure of Collective Bargaining Association State Law Predicates: Who will represent teachers in negotiations Unit or group Includes all teachers Includes teachers under the same salary schedule Determines whether supervisory employees are included

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Joining the Union Union Shop/Closed Shop Recognized by some states (ex. California) Right of non union – to make public comments (First Amendment) Fees can be required of non-union members

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Non-union Members Protection Abood v. Detroit Board of Education (1964) Agency- Shop Clause – constitutional Not required to support a political party 1986 U.S. Supreme Ct. – Safeguards to protect nonmembers from political activities 1991 Lehnert v. Ferris Faculty Association-guidelines to determine dues specifically for collective bargaining activity rather than lobbying 1993 – Deduction-escrow-refund procedure permissible Ysursa vs. Pocatello Education – ban on payroll deductions for political activities

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Union’s Legal Responsibilities Duty of fair representation Good faith bargaining (reasonable times to meet and to reach an agreement) Access to school mail facilities Bargains exclusively with the School Board

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Draft Contract Proposal Exchange proposals between union/board Designate a spokesperson for each side Discuss issues through the bargaining process Determine issues for bargaining Directly related to working conditions Indirectly affects (curriculum content/hiring policies) CONTRACT NEGOTIATIONS

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Limitations of Collective Bargaining Cannot enter into any contractual negotiations that are in violation of constitutional law Must abide by existing state and federal laws (certification requirements) Must recognize the rights that are currently in effect

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved What Happens If Agreement Is Not Reached? Mediation Facilitator (neutral third party) works with union and board Fact-finding process Fact Finding Process Arbitration Recommendations are made public Impartial arbitrator determines the agreement

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Collective Bargaining Contract Contents Preamble Recognition Clause Maintenance Clause Grievance Procedure Teachers’ Rights Clause Teacher Organizations’ Rights Clause Representation Clause Management Rights Clause Terms of the Agreement

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved No constitutional right to strike States-limited right to strike Illinois – Comprehensive law (IELRA) provides these conditions to strike. Penalties may be given by states and school boards. STRIKES

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Analysis of The Norwalk Teachers’ Association Case Abood v. Detroit Board of Education Analysis of The Norwalk Teachers’ Association Case Abood v. Detroit Board of Education

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 4 How Does Collective Bargaining Affect Me? Reflection Based upon the history of collective bargaining, how do your state and district guarantee the rights of teachers and employers?